Tuesday, December 1, 2009

Please check out the full entry at the link below. Any suggestions for improvement of this yet to be cleaned up entry, would be greatly appreciated.

Rampart-FIPs (Falsely Imprisoned Persons)

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Cover art of the LAPD public record/report Rampart Reconsidered

Rampart-FIPs (Falsely Imprisoned Persons) were and are those who were documetned during the massiveRampart scandal investigation (1998-2000) to have been falsely convicted and falsely sentenced to long prison terms by the Superior Courts of California for the County of Los Angeles. PBS Frontline estimated their numbers at many thousands,[1][2] almost exclusively Black and/or Latinos. The latest Rampart scandal report- Rampart Reconsidered (2006) - by the Blue Ribbon Review Panel - documented their ongoing false imprisonment -hardly any were freed over the past decade, and senior police, prosecutors and judges were documented as refusing to allow their release.[3][4][5] The same report also documented the self-evident - that all investigations of the affair, their own included, were entire failures, and we still did not know the fundamental facts in the matter. From the perspective of a decade, review of the published materials, and additional evidence accumulated regrading the justice system in Los Angeles County, may allow better evaluation of the causes underlying the scandal. Regardless, the ongoing confinement of the Rampart-FIPs was inescapably concluded to be a Human Rights disgrace of historic proportions.

Contents

Retrospective evaluation of the investigation and its aftermath

Upon review of information accumulated over a decade, a reasonable person would most likely conclude: (a) That all investigations were failures, because they were undermined through collaboration of local and federal agencies;[23] (b) That those who came forward and provided information were severely punished, and those who obfuscated were handsomely rewarded; [24] (c) That the background for the false imprisonment was most likely tied to profiteering by law enforcement (both local and federal) related to control of illicit drug markets in Los Angeles County;[25] (d) That the foundation for such collaboration between local and federal agencies was established at least as far back as the early 1980s, in the documented drug trafficking by CIA to Los Angeles County, as part of Iran-Contra - in what was purportedly illicit fund-raising efforts for purchasing weapons for the Contra, banned by a U.S. Congress embargo;[26][27] (e)That there was no evidence to suggest that such practices ever ceased, but evidence to the contrary, albeit circumstantial, did exist;[28](f) That the claims regarding "collapse of the justice system" if the Rampart FIPs were to be freed,in fact most likely related to information held by the Rampart-FIPs on this matter, which would be fatally damaging to the Los Angeles justice system as we know it today;[29] (g)That judges were deeply involved in the matter, [30]and (h) That Judge Jacqueline Connor, whose career started in the DA's office, was probably a central figure in this plot, and her conduct in the First Rampart Trial was as much motivated by saving her own skin, as by bias towards the defendants;[31] (h) That the concern was that if they the defendants were imprisoned, that they would attempt to cut deals with prosecutors to shorten their terms;[32] (i) That the upside down stick and carrot policy was in fact instituted to enforce the code of silence; (j) That the case of Richard Isaac Fine provided full evidence of the power wielded by the judges of the LA Superior Court, to have their unlawful conduct sanctioned by review courts up to the Chief Judge of the U.S. Court of Appeals, 9th Circuit, Alex Kozinski.

Perspectives

Any attempt to place the case of the Rampart-FIPs in perspective must conclude that the case was of global and historic proportions. Events that led to the false imprisonments of the Rampart FIPs were defined as unprecedented already a decade ago, by a leading constitutional scholar.[33][34]

Historically comparable cases were hard to define. The Japanese American internment, - mostly of those who resided in the West Coats of the U.S., during World War II might be considered of the same class - albeit over half a century apart. The number of persons involved was much larger, exceeding 100,000, including entire families who were relocated into camps. However, such detentions, which started in 1942 and ended with the conclusion of the war, were of much shorter duration. Moreover, for most of the detainees conditions at the camps were not nearly as harsh as those of the Rampart-FIPs. Moreover, in 1988, Congress passed and President Ronald Reagan signed legislation apologizing for the detentions as founded in "race prejudice, war hysteria, and a failure of political leadership", substantial reparations were disbursed to survivors.

Alternatively - the ongoing, controversial detentions at Guantanamo Bay (GITMO), which were and are contemporaneous. Others similarities between the Rampart-FIPs and GITMO detainees include documented serious violations of Human Rights, and the response to such documentation by the U.S. Government, under the Presidency of George W Bush - by appointment of Civil Rights Overseers, as described above. In both cases, some would argue that the Overseers had limited if any material effect on Human,Civil and Constitutional Rights conditions of the GITMO Detainees or the Rampart-FIPs, respectively.

Outside territories traditionally controlled by the U.S., the ongoing, also controversial detentions in Iraq, by U.S. forces, were again contemporaneous, and again accompanied by documented abuses of Human rights, such as in Abu-Ghraib.

The lack of attention to the case of the Rampart-FIPs by the U.S. Government, even under President Barack Obama and Attorney General Eric Holder, in disregard of the magnitude of such false imprisonments, which were largely along racial lines, appeared destined to make the Rampart-FIPs into an enduring U.S. Human Rights disgrace of historic proportions, and a permanent stigma for the U.S. justice system. It must also be concluded that lawlessness in Los Angeles County, which was tolerated by the U.S. federal government for the past three decades, remained unchanged.

The ongoing disregard for the problem remained inexplicable, especially with with President Barack Obama, Attorney General Eric Holder, and new U.S. Supreme Court Justice Sonia Sonia Sotomayor, who were all self-identified as Black and/or Latinos, while the Rampart-FIPs were almost exclusively Black and/or Latinos. Plausible explanations included well-entrenched racial biases, that even such leaders could not overcome. More likely, the explanation resided in strong local interest in keeping the Rampart-FIPs falsely imprisoned, as documented by the Blue Ribbon Review Panel, and relative weakness of the US central government under both Presidents George W Bush and Barack Obama, which made any corrective actions unlikely.

The case of the Rampart-FIPs was also likely to undermine any claims by the U.S. Government that international interventions, past, present, or future, were conducted under the colors of enforcement of Human Rights pursuant and ratified International Law.

Kozinski fraudKozinski fraud, named after Alex Kozinski, renowned Chief Judge of the U.S. court of appeals for the 9th circuit, often described as a brilliant jurist and a civil rights champion, referred to any fraud that followed the framework of the fraud he perpetrated in 2009 on Richard Isaac Fine in the latter's Fine v Sheriff (09-71692) petition. In such fraud litigants were misled to believe that they were parties to true court actions. In fact they were engaged in sham court actions, which were never deemed by the courts themselves as either valid or effectual. All court orders and judgments issued in such sham actions were a priori deemed by the courts as void, not voidable, but were falsely represented to parties as valid and effectual court papers. Inherent in Kozinski fraud was the reliance on CMSs (case management systems), such as PACER & CM/ECF, which were introduced in the U.S. Courts starting in the 1990's and ending in the 2000s. Such systems facilitated the practice of Kozinski fraud through concealment of records such as docket (court) public records - through the wrongful denial of the common law right to access court records - to inspect and to copy, re-affirmed by the U.S. supreme court in Nixon v Warner Communications, Inc (1978), where such right was re-affirmed, and also found as inherent, in its various facets, in the First, Fifth/Fourteens, and Sixth Amendments to the united states constitution. Particularly noted was the denial of access to NEFs (notices of electronic filings) - which would have provided the instantaneous evidence for the fraud. Therefore, shell game fraud, and confidence tricks were the more generalized fraud types that encompassed the Kozinski fraud.________________________Kozinski cultureKozinski Culture, named after Alex Kozinski, renowned Chief Judge of the U.S. court of appeals for the 9th Circuit, often described as a brilliant jurist, and a civil rights champion, referred to the deviant, well ingrained culture, prevalent among judges, clerks, and attorneys in the U.S. today, who perceived no wrong and no fault at all in routinely perpetrating Kozinski fraud on the American people. The Kozinski fraud was a common practice in the U.S. and it was documented in U.S. district courts and U.S. courts of appeals from coast to coast. Therefore, such culture affected deprivation of meaningful access to the courts and various other human rights. The routine practice of the Kozinski fraud was facilitated by CMSs (case managements systems) like PACER & CM/ECF, which were designed to facilitate such fraud by concealment and denial of access to court records. It was therefore claimed that the resulting court system was the largest shell game fraud in the history of mankind. It was also claimed to be serious abuse of the people's human rights by the judiciary, and also - by other branches of the federal government of the United States - which tolerated it. Keeping entirely silent about the high prevalence of the Kozinski fraud, and refusing to take any of the simple measures that could have easily curtailed it, were considered inherent parts of the Kozinski culture.

Long term consequences

The justice system in Los Angeles, California, where Alex Kozinski spent his formative years, was in the vanguard, and fraudulent CMSs were introduced there already around 1985. By 2009, the extreme outcomes could be seen in the cases of [links are to new Wikipedia entries, which passed initial review, but still need cleaning up, editing, comments are welcome]: (1) Richard Isaac Fine, and (2) Rampart-FIPs (falsely imprisoned persons).

Potential counter-measures

1) Scanning and flagging sham court actions

The Kozinski fraudcould be identified by superficial quick review of PACER records. With minimal funds, such superficial review could be automated, to the point of identifying, with high confidence, Kozinski fraud cases in a small fraction of a second. Such scanning could be routinely conducted on open cases. High risk, or confirmed cases could then be noticed - by automated email messages to all involved, including the victims, while the sham litigations were still in progress. The significance of such analysis and such notices would be in undermining deniability of those involved - including judges and clerks. They were of course aware today as well, but they all colluded in such Kozinski fraud cases, since they were all part of the Kozinski culture, which saw no wrong and no offense in it at all, and kept it under a veil of silence. So did all the lawyers on such cases...

2) Truth and reconciliation commissions

In terms of institutional novelties, the one that could be most affective would be a truth and reconciliation commission, such as previously established to deal with conditions in South Africa, where Bishop Desmond Tutu - Nobel Peace Prize winner was the chief advocate, in Liberia, Peru, East Timor, South Korea, Solomon Islands, Sierra Leone, and more. Richard Fine was held as the natural candidate to head a U.S. Truth and Reconciliation Commission.

RE: Alex Kozinski and the old Flimflam...Hi Jeff:You were subjected to the Kozinski Fraud as well....I am not an attorney, not even by a long shot. However, I have some interest in computer frauds and how the judicial branch of the U.S. Government practices such frauds on the American People. I actually am interested in your case, as part of my database of U.S. courts in the various districts, It helps to demonstrate that all district courts practice the same basic fraud. It points directly to the Administrative Office of the Courts as the culprit. Furthermore, I claim that the breakdown of any semblance of integrity at the courts, at banking regulators, and at the justice system, is the fundamental problem that landed us in the current crisis. No financial institution would ever be subjected to the fraud you were subjected to... trust me...But let's not jump too far.The answer to your questions has nothing to do with immunity, and nothing to do with the partnership - because you simply never had a case in any court whatsoever in the first place. You were subjected to the standard fraud, let's call it the Kozinski Fraud-sham court actions.The answer to your questions is in fact in the CM/ECF manual of your district court, page 33, and the Opening New Case module, page 10.___________________A.Opening a New Case___________________________________Once you file the case initiating document and receive the Notice of Electronic Filing, your case isconsidered opened. The Clerks Office will review all information entered during Online Case Openingand, if needed, make any corrections.___________________________________

Did you receive an NEF (Notice of Electronic Filing) for the complaint???I am sure the answer is "NO"...Therefore, you case was never considered opened in the first place.___________________________________B. Other court records.Now let's go to page 34 of the CM/ECF manual,

___________________________________

The screen depicted above provides confirmation that ECF has registered your transactionand the pleading is now an official court document. It also displays the date and time ofyour transaction and the number that was assigned to your document. You should note thisnumber on the documents PDF file.Note: The Notice of Electronic Filing represents your Certificate of Service. TheCourt strongly urges you to copy it to a file on your computers hard drive orprint it, and retain a hard copy in your personal files.ECF will electronically transmit the Notice of Electronic Filing to the attorneys andparties to the case who have supplied their E-Mail addresses to the Court. The ECFfiling report also displays the name and addresses of individuals who will not beelectronically notified of the filing. It is the filers responsibility to serve hardcopies of the pleading and the Notice of Electronic Filing to attorneys and partieswho are not set up for electronic notification.___________________________________Did you ever receive an NEF (Notice of Electronic Filing) for any paper from parties, or orders and judgments by the courts???I am sure the answer is "NO"..Therefore, you should consider it as if you never received any papers at all.___________________________________If you would be willing to help me in collecting a bit more information about the fraud practiced by your District Court, I would be grateful. Please email me directly.

Joe Zernik

P.S. How about a trip to a Human Rights Court in Costa Rica or Madrid Spain during the holidays? Tax deductible...

CC:Basel CommitteeU.N. High Commissioner on Human RightsProf Posner - as a request for corrective actions.Various law school faculty.U,S, Congress

In our federal civil rights action (Case No.: 08-5093-CV-SW-RED), we filed a complaint with the Eighth Circuit Court of Appeals against the trial judge for concealing from us his 13-year senior partnership with the law firm serving as defense counsel. Our complaint also documents that the trial judge concealed his 13-year senior partnership in a separate contemporaneous civil rights action against the same defendants who were represented by the same law firm.

Alex Kozinski is the Chief Judge of the U.S. Court of Appeals for the 9th Circuit - the largest, by far of the U.S. Courts of Appeals. The Courts of Appeals are second only to the U.S. Supreme Court in authority.

Date: Tue, 01 Dec 2009 04:35:28 -0800

To: GeorgeFrom: joseph zernik Subject: The supermarket lemma - or why Alex Kozinski, a brilliant jurist, civil rights champion must immediately resign...Cc:- -----Alex Kozinski-& -The Old Flimflam Richard Fine & Twin Towers JailHi George:Great to hear from you. The practice of issuing unsigned orders is a great place to start tackling crooked judges. The beauty is in simplicity. Everybody on the street knows that floating unsigned checks is fraud.

The Supermarket Lemma: Could you pay in the Supermarket with an unsigned check? NEVER! IT WOULD BE FRAUD!What would you call an unsigned order denying a prisoner's petition? - FRAUD!If you could give me a shorter, simpler sound-bite to fight judicial corruption, not as a global ill of mankind throughout history, requiring continental assemblies, but on a specific case involving a specific judge, where anybody over 18, with 8 years of education, more or less, could get it in 30 seconds or less, please let me know.

Alex Kozinski, issued an unsigned, sham order denying petition from habeas corpus of falsely jailed, 70 year old guy, fighting judicial corruption. The guy had credentials that were second to none - U of Chicago Law School JD, London School of Economics PhD, former U.S. prosecutor in the Anti-trust Division, U.S. Dept of Justice, Consul of the Kingdom of Norway, numerous awards and distinctions... Now - held for seven months in solitary confinement in a jail hospital room (no disease or disability involved) with not even a warrant.[1]

Alex Kozinski, issued an unsigned, sham order denying petition from habeas corpus of falsely jailed, 70 year old guy, less than a week after a paper protesting such practices was filed in the very same docket!

_______________________At home - we should not seek to approach any U.S. quasi- semi- or full judicial process - they were total waste of time, money, and energy. Most of us have been there, done that, one way or another. We must simply seek the immediate resignation of Alex Kozinski.ALEX KOZINSKI IS A BRILLIANT JURIST, SECOND TO NONE, AND A CHAMPION OF CIVIL RIGHTS...HE KNOWS WHAT IS THE RIGHT THING TO DO... RESIGN IMMEDIATELY!Abroad - our goal should be to find a court to file a complaint and have warrants or summons issued. That's all. If you know anybody who has experience in International Human Rights courts, please let me know._______________________Regarding threats - I got my share of death threats already:1) March 2007 - phone call - a guy, who took the time to explain to me that he was talking on behalf of Countrywide: I must never talk again with a senior underwriter, Diane Frazier, who had been laid off two years earlier, after refusing to participate in fraud on the U.S. Gov and on me (which FBI refused to investigate to this date): "If you call this number again, I will come down to LA and gun you down"2)Mid 2008 - email- crooked Attorney Jay Stein, who had colluded with crooked Judge Jacqueline Connor. I had no business and no communications with him for at least two years prior to that. He sent me out of the blue a strange email, purported copy of email exchanges between him and some others, whose names I never saw before or after, where they discussed a contract for "execution disengagement", and the need to have a date, the checks, and flight tickets out of the country all ready. My name alone was in all upper case.And more..._______________________These are the kind of people that Alex Kozinski catered to in his unsigned order....First they jailed Steve Yagman, now they jailed Richard Fine.You could not find an attorney who would file a complaint on judicial corruption in LA County in the past two years, some stated it explicitly - it was too dangerous!It was and is a case of bullying ... You complain about corruption? You shall be jailed - lawfully or not..._______________________Don't give up!Joe Zernik[1] Richard Fine's biography, professional experience, and litigation historyhttp://en.wikipedia.org/wiki/Richard_Isaac_FineCC:Prof Richard Posner - as a request that he initiate corrective actions.Various Univ Law Faculty.

11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!http:// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisishttp://www.scribd.com/doc/96504009/Secede! The US in its current form is simply unmanageable...

What did the experts say?

* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בישראל (2013), בלוויית ההערה: "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Humnan Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Humnan Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

The United States

* "...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* Los Angeles County is"the epicenter of the epidemic of real estate and mortgage fraud."FBI (2004)

* “…judges tried and sentenced a staggering number of people for crimes they did not commit."Prof David Burcham, Loyola Law School, LA (2000)

* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.”Prof Erwin Chemerinksy, Irvine Law School (2000)

http://www.scribd.com/doc/239647129/The HRA submission was incorporated into the 2015 HRC Professional Staff Report on the United States with the note: :“HRA NGO recommended restoring the integrity of the IT systems of the courts, under accountability to the Congress, with the goal of making such systems as transparent as possible to the public at large.”

[2] Human Rights Alert (NGO) submission for the 2013 UPR of the State of Israel was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Lack of integrity in the electronic record systems of the Supreme Court, the district courts and the detainees' courts in Israel".

2012-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the

[3] Human Rights Alert (NGO) submission for the 2010 UPR of the United States was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Corruption of the courts and the legal profession and discrimination by law enforcement in California."

2010-04-19 Human Rights Alert (NGO) submission to the United Nations Human Rights Council for the

2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."http://www.scribd.com/doc/38566837/http://www.scribd.com/doc/108663259/